The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-05-15
THE ERAIINE IN THE DUST.

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prosecution has sunk into persecution,
and determined that this abuse shall
cease and the laws be administered
equally. We applaud his determine
| ton. In this respect he is far more
philosophical than his local critics,
since he appreciates the fact that class
legislation, more than other laws, de-
feats the purpose OF the enactment, if
it be harshly and fana!ically interpreted
and applied. The essentials of justice
are first, that laws shall be just and
general, and, second, that they shall be
administered without favor or preju-
dice. The Mormon people maintain
that they are suffering from unjust
and ignorant legislation; and, for this
reason, the special statutes enacted
against them are without honor in
their midst. This does not become
reason that the administration Of such
laws should be severe, but.
on the other hand, is strong argu-
ment why moderation and a never
ceasing regard for justice should in
spire courts and officers of the law.
There is far too much of the sentiment
cropping out in our courts that 1.-The
law hates you" too much of the IN
Christian and unstatesmanlike feeling
that 1.-The government SO abhors you
that while others may look for even
handed justice from US. you may only
hope for such treatment as is afforded
by the worst presidents of the law"
The district courts of Utah, from the
earliest settlement of the Territory have
prostituted themselves to the base uses
of persecution. In the mind of every
honest inhabitant, old enough to know
our history, there is supreme con-
tempt for the average judge and Federal
office-holder. One after another they
come, and, it has seemed to the Nor
mon people, have burned the
midnight oil, not in search
for justice, but in an effort
to find some unholy precedent to
bolster a contemplated wrong. One
would think that on the broad highway
of accepted law there would have been
found room for sufficient harshness;
but no, it has been the distinction of
our courts that they have oYerstepped
the boundaries and have gone from
doubtful law to bad law. Witness per-
haps the most diabolical effort to OPP
press In the history of Utah-the recent
juridical attempt to fasten the rule of
segregation upon what was thought to
be a helpless people. This damnable
doctrine was SO palpably Illegal and I'M
that if the authors We're not |
arrant scoundrels they must have been |
hopeless imbeciles.
The removal of Mr.. Dickson and the |
decapitation of other officials. |
who have distinguished themselves for |
zeal rather than discretion or learning, !
seem to create but little impression |
in certain quarters. Recent occurrences
in the Third District have developed
judicial vagaries quite as strange and |
as has our past history.
We conceive it to be self evident that
the canons of reason and the spirit of
the Constitution have alike been out
ragged in that belief has been made a
barrier to citizenship and that religious
tests have been applied. We have seen
the spectacles of men against the
of whose lives there has been
no charge, possessing every statutory
qualification for citizenship, prepared |
as God fearing men to swear obedience
to the Constitution and the laws, |
denied naturalization because OF what |
belief. The course of procedure IN |
the District Courts, and we have no |
desire to set down aught in |
malice, appears essentially to be |
as follows: The candidate appears,
presents proofs of his qualifications, |
aud if he be not Mormon, is admitted |
to citizenship without further trouble
upon subscribing to the oath. But if he
be a Mormon, and here is where the
law is administered unequally, the
Court sees fit to apply other tests. The
applicant is asked if he is a Mormon.
he replies that he is. He is asked if he
believes in polygamy; he states that he
does. In reply to an inquiry, he de-
clares it to be his intention to observe
the laws, all of the laws of the United
States, despite what might appear to ba
the logical tendency of his belief. But
the Court goes still further, and asks if
the applicant would enter polygamy in
obedience to what he believes to be a
revelation from God. Quite naturally.
the candidate answers that under such
circumstances he would obey God in
preference to man.
Whereupon the Court remarks that
it cannot consent to naturalize a man
who is not prepared to swear obedience
to the laws, even under such a coptin-
gency.
The applicant Is raiec4o,; o;.L